#28641
Lady Penelope
Strataguru

    Yes, that is exactly what I am saying.

    The reason for making the Lot Owners aware of both the proposed Motions and the Resolved Motions made by the Committee is to allow the Lot Owners to exercise their right to object to these Motions.

    If enough Lot Owners object to the proposed Motions of a Committee Meeting, whether this is to be a formal Committee Meeting or a vote outside of a Committee Meeting then the Motion will have no effect. To put the brakes on a proposed Committee decision 1/3 of the total numbers of Lot Owners can object by way of writing to the Secretary prior to the Motion being Resolved.

    Similarly, Lot Owners can exercise their right to put the brakes on Committee decisions after the Committee have Resolved the Motion.

    That is why it is very important that a copy of the Minutes, including all of the Resolved Motions, must be provided to all Lot Owners within 7 days. NB: For this reason it is wise for a Committee not to take action on any Resolved Motion within that 7 day time period.

    This process allows Lot Owners to exercise their right to object to the Committee Motion(s) by calling a General Meeting to overturn it. A lot owner, or owners, who hold jointly at least 1/4 of the unit entitlements, may request a meeting to be held at any time. 

    The Committee is elected to represent the Owners Corporation. If the Committee make decisions which do not reflect the wishes of the Owners Corporation then there are mechanisms within the Act for the Owners Corporation to overturn the Committee’s decisions.

    The reference from the Office of Fair Trading is below. For a fuller understanding of the issue it is best to read the information in total rather than only reading the isolated headings.

    NB: The giving of Notice and the giving of Minutes varies slightly with large schemes i.e. those containing over 100 Lots.

    https://www.fairtrading.nsw.gov.au/ftw/Tenants_and_home_owners/Strata_schemes/Meetings_in_a_strata_scheme/Meetings_of_the_strata_committee.page